Navas P.P vs State Of Kerala

Our nation is facing an un-precedented pandemic in the form of Covid-19. It has affected all persons and all spheres of human life, by having its

impact upon social, cultural and financial status of the general public. It is playing havoc throughout the country by causing serious health hazards to

the public at large and the entire machinery of the State is fighting to curtail the same. By keeping the above aspects in mind, a Learned Single Judge

of this Court, while passing an interim order in an application for pre-arrest bail under section 438 of the Code of Criminal Procedure, 1973, ( order

dated 7.05.2021 in B.A 3368/2021) made the following observations:

“It is true that the allegation against the petitioner is very serious. This is a case which is to be heard in detail on merit after perusing records. The

2nd wave of COVID-19 is spreading in country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd wave of pandemic is

creating lot of problems and even day-to-day life of citizens are affected. Everyday, about 25,000 people are tested positive with COVID-19. Life is

more important than anything. In such circumstances, this court has to consider this fact also while considering the bail applications.â€​

Iam in full agreement with the above observations. Further, State Government issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021,

directingFortheauthoritiesinformationconcernedtograntpurposeparoletoeligibleonlyimates of the Prisons in the State, subject to the compliance of Rule

397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014. It is evident that, the said order is issued with a view to de-

congest the prisons and thereby to enable the authorities concerned to maintain physical distancing in prisons. The Honourable Supreme Court also,

vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020, issued various directions for minimizing the strength of inmates in prisons.

I am of the view that, keeping the spirit and object of the aforesaid orders are absolutely necessary while considering this bail application.

Therefore, even though the allegations involved in this case are grievous in nature, in the present scenario, an interim bail for a limited period is an

utmost necessity, for the larger interest of the society.

In the above circumstances, an interim order for anticipatory bail is granted for a limited period. Accordingly, it is ordered that, in the event of arrest,

the petitioner shall be released on bail on executing a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for like sum to

the satisfaction of the officer concerned. The investigation officer shall also be at liberty to insist for the appearance of petitioner before him, by

issuing notice under section 41 A of the Code of Criminal Procedure, 1973.

This Forder in formation shall bef orce until 21.06 purpose.2021.Post on 16 only.06.2021.